Legal Question in Family Law in California

I currently have been married to my wife, saint patrick's day upcomming will have been two years (been together for five). On christmas day I found her kissing a woman that was supposedly her best friend which i had suspicions for over 5 months. she is pregnant with my child and I know because we had sex the day she took her ovulation test because we were trying to have a baby. She now tells me that she didn't love me and just wants a baby, a messed up situation i know. She is 8 weeks pregnant and I want to know if i file for divorce in the state of california now can i keep her on my insurance until the baby is born, i know the divorce papers will have to be amended once the baby is born? But I cannot risk the future of my child with inadequate health care regardless of her unfaithfulness. how do i go about divorce while keeping my unborn child on my insurance till birth in the state of california?


Asked on 1/03/14, 5:45 pm

1 Answer from Attorneys

I'm sorry to hear about your story. The one good piece of news and all this is that you actually are required to keep her on your insurance until the divorce is final. Also, by law, you are required to wait six months from the date of filing at a minimum to finalize the divorce. There is no real outer limit on how long you can wait between filing and when you finalize the divorce. So there is no problem of any kind with keeping hurry on your insurance until the child is born, and in fact nearly indefinitely as long as you don't finalize the divorce.

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Answered on 1/03/14, 6:07 pm


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